In the Courts: Appellate Court Affirms Skilled Nursing Facility’s Right to Medical Review after Alleged Transport Injury
April 10, 2015 | Aging Services Risk, Quality, & Safety Guidance
The Louisiana Third Circuit Court of Appeals affirmed a trial court's dismissal of ordinary negligence claims against a defendant skilled nursing facility, finding that the allegations merited presentation to a medical review panel under the Louisiana Medical Malpractice Act (MMA).
The plaintiff, a wheelchair-bound paraplegic, alleged that she was injured in the course of van transport from a hospital to the skilled nursing facility. The patient alleged that the van driver, a certified nurse's assistant and employee of the skilled nursing facility, negligently failed to use a motor vehicle restraint to secure her for transport in the van. She further alleged that due to the "reckless and unsafe operation of...